The decision of the Appellate Division, First Department, earlier this month in the catastrophic 91st St. crane collapse case should have a significant impact on the analysis of damages in wrongful death actions. In addressing issues of liability and damages arising out of two wrongful death actions in Matter of 91st Street Crane Collapse Litigation, 2017 NY Slip Op 06419, 2017 WL 4003161 (1st Dept. Sept. 12, 2017), Justice Troy Webber, writing for a unanimous panel, described the unimaginable horror of these two decedents’ last minutes. Even though the jury awards were reduced, the Appellate Division allowed very significant amounts for their preimpact terror as the giant crane collapsed, and for their conscious pain and suffering after sustaining catastrophic injuries. Based upon defendants’ inexcusable actions which proximately caused this accident, the court also found very significant punitive damages to be merited.
This decision should encourage more vigorous examination of damages for preimpact terror and conscious pain and suffering in future wrongful death cases. Although the most commonly discussed element of damages in a wrongful death action has generally been the pecuniary loss to the next of kin, this case will certainly cause re-examination and re-evaluation of the horrific last minutes of a person’s life as a result of negligence.
